A Federal High Court sitting in Abuja has given Governor Peter Mbah of Enugu State the nod to proceed with the N20 billion suit filed against the National Youth Service Corp (NYSC).
The presiding judge, Justice Inyang Ekwo, dismissed the objection raised by the management of NYSC in the suit with file number: FHC/ABJ/CS/611/2023.
It could be recalled that Governor Mbah had sued NYSC and its Director of Corps Certification, Ibrahim Muhammad, for publishing a disclaimer, claiming that the discharge certificate, purportedly issued to him on January 6, 2003, was fake.
Mbah, in turn, slammed a defamation suit against NYSC demanding N20 billion in damages.
In its response, NYSC filed a preliminary objection, seeking that the suit be thrown out over lack of merit.
Ruling on Friday, Justice Ekwo held that NYSC’s preliminary objection lacked merit and ought to be dismissed.
He said that the provision of Section 20 of the NYSC Act, 2004, on which the objection was hinged, does not apply to Mbah as he is not a prospective or serving corps member.
Ekwo said: “I am minded to agree with the plaintiff (Mbah) on whom the provision of Section 20 of the NYSC Act, 2004 applies. This means that the provision has a category of persons to whom it is applicable.
“A keen perusal of the provision of Section 22 (1) and (2) of the Act would reveal that it sets out the person to whom the provision of Section 20 of the Act applies which is a ‘member of the service corps’ which is defined to mean a person registered as a member of the service corps.
“It is then stated in Section 21 (2) that, for the purpose of the Act, the reference to a ‘member of the service corps’ includes, unless to the context otherwise requires or it is otherwise expressly provided, a prospective member of the service corps or any person who is a registered member.
“The major characteristic of the provision of Section 21 (1) and (2) of the Act, is that the draftsman puts wordings thereof in the present tense and not past tense.
“It makes the provision applicable to a prospective member of the service corps or any person who is a registered member.”
He noted that the jurisdiction of a court is determined by the subject matter of the action and the claim before the court, adding:
“I find that the substance of the preliminary objection of the defendants is not predicated on a proper interpretation of the provision of Section 20 of the NYSC Act, 2004 and therefore premised on erroneous consideration of the said provision.
“It is rather sad that this preliminary objection has been used to waste the time of the court and consequently divert proceedings in this case from the substantive matter.”
The judge dismissed the preliminary objection by NYSC and adjourned till September 21 for the hearing of the main suit.
